Definition of Agency, Model and Client:
*The Client is defined as the “end-user” by the Australian Taxation Office’s (ATO) “PAYG withholding for performing artists” guidelines. Web address for these ATO guidelines: www.ato.gov.au/content/20615.htm.
*The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Web address for this ruling is: law.ato.gov.au/atolaw/view.htm?Docid=SGR/SGR20052/NAT/ATO/00001.
*A contract is created between Client and Artist once a booking is confirmed with the Agency whether written, written and partly oral or wholly oral as stated in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2” (point 38).
*In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, the Agency is entitled to raise invoices and collect monies on behalf of the Artist, as an intermediary, even though the contract exists between Client and Artist.
*A model (Artist) engages Reel Management (Agency) to be their agent representative and the Agency has the Artist’s written authority to enter into contracts with any and all Clients on their behalf.
Terms & Conditions
Rates:
Agreed Artist rates apply to shoot time only and do not include usage. All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate. In accordance with the ATO’s “PAYG withholding for performing artists”, The Agency is permitted to raise invoices to include the rate component as well as the Agency’s “Booking Fee” and GST on the one invoice.
All Artist rates quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The ATO’s “PAYG withholding for performing artists” guidelines, read in conjunction with the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”, state that the “end-user” (Client) of an Artist’s services is responsible for the payment of their Superannuation at the current rate published by the ATO.
Payment:
Payment is required within 7 days from the date of invoice. In all cases the client booking the model will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking. Payment can be made by Electronic Funds Transfer to our bank account (bank details appear on all invoices) or
If the Client fails to pay the amounts due, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and Solicitor’s costs.
Insurances:
It is the responsibility of the Client to ensure all adequate levels of Workers Compensation Insurance to cover all Artists used at all locations (including travel to and from a location). The Agency is not required to, nor holds, any such insurance for Artists.
Hours Booked:
The total hours that Artist is booked for is the minimum hours that Artist must be paid for. If a job finishes prior to the originally booked time, Artist must be paid for the original hours booked regardless of whether the job was completed early. If a job takes longer than the originally booked hours then overtime/penalty rates will apply. If the total hours for a booking are reduced by the Client with less than Two Working Days Notice, cancellation fees will apply.
The Working Day:
Normal working hours are between 8am and 6pm, Monday to Saturday, and penalty rates apply outside these hours. For bookings over 8 hours, a guaranteed Day Rate will need to be negotiated at time of booking.
Overtime & Penalty Rates:
Overtime Rates are Time and a Half of the Artist’s normal rate before 8am and after 6pm. A special rate is negotiated after 11pm and before 6am. Saturday is at Artist’s normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Artist’s normal hourly rate.
Finish Times:
Where a shoot may finish up to 19 minutes past the hour, no extra hour will be billed. At 20 minutes and over, an extra
full hour will be added to the billing at the appropriate rate and for any subsequent hours. The Agency does not charge half hours.
Models, Talent & Extras
At the time of any booking, you agree to the rate quoted for each individual job. Reel Management will charge the client a fee quantifiable to the hours, coverage, advertising and usage period. The Agency will take 10% for acting roles on feature films, plus a one-off plus a $50 payment for all processing, after hours call times and other costs incurred. The Agency takes 20% for all modelling work which includes print, TVC's, promotional, social influencers and any branding or corporate videos including billboards, swing tags, online campaigns and guest speakers or emcee's.
Editorial:
For regular editorial Artist rates to apply to a booking, the publication must be on sale nationally in Australia through Newsagents or Supermarkets or available by paid subscription. If this criteria is not met then full Advertorial rates will apply to the booking.
Fittings:
Fittings will be charged at half the Artist’s normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Artist’s full normal hourly rate.
Specific Maintenance Requests:
Additional hair maintenance, tanning and manicure requests will be charged at half the Artist’s normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested Maintenance to reimburse the Artist.
Underwear and lingerie:
Underwear is charged at Double Time of the Artist’s normal hourly rate.
Travel Rate:
Travel time is charged at the Artist’s normal hourly rate. This applies to travel outside a 20km radius of the CBD. Travel Days are charged at half the Artist’s negotiated Daily Rate.
Usage and Additional Artist Fees:
All photography is to be used for the purpose for which it was originally shot as itemised at time of booking. It is the client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorised with The Agency prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one year from the shoot date, in Australia only, and in accordance with the usage agreed and paid for at the time of the booking. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. The Agency reserves the right to refuse the release of images for any use, for any reason, including extensions of existing print and television campaigns. Any image used without written authorisation or prior approval from The Agency will be deemed unauthorised usage and will be subject to legal proceedings.
Social Media Usage:
Brand Influencers and all posts on social media will be a separate fee and negotiated once the Artist booking is confirmed. Artists with a significant following will post BTS (behind the scenes) posts as well as high resolution images on their own account and will tag all companies directly involved. The Artist agrees not to post without prior consent from the client and agency. Any images posted without consent will be in breach of contract.
Copyright:
Ownership of all images of the Artist remains with Artist at all times and any unauthorized use or replication of their image will be an infringement of Australian Copyright Laws. At no time does ownership of any image of the Artist revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Artist via The Agency. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the The Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Fees”. The photographer to this extent agrees to restrict use of his/her copyright, and if the Client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and to obtain their agreement prior to the commencement of the shoot. Photographers may not use Test Photography for any commercial purpose unless specific arrangements have been made with The Agency in writing. Photo approval for portfolio use by photographer must be attained from The Agency. Any images used by The Agency for The Agencies promotional use are agreed when students enrol or sign up in classes.
Exclusivity:
A special fee will be negotiated when the work is in conjunction with a product, which precludes work for competing products. It is the Client’s responsibility to check, at time of booking, whether any conflicting work has been previously done by the Artist. If the Artist advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
Provisional Bookings:
If the Client does not exercise their option to release or confirm a provisional booking, The Agency reserves the right to cancel the provisional booking, allowing any secondary or definite bookings to take precedence.
Weather Permitting Bookings:
It must be specified at the time of the booking the type of weather required. First Cancellation – No Fee. Second Cancellation – 50% of the total Artist Fee for the booking. Third & Subsequent Cancellations – 100% of the total Artist Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.
Cancellation Fees:
On all bookings, if a job is cancelled: With less than Two Working Days Notice prior to the commencement of the booking, a cancellation Fee of 50% of the total Artist Fee for the booking will be charged. With less than One Working Days Notice prior to the commencement of the booking, a cancellation Fee of 100% of the total Artist Fee for the booking will be charged. On arrival of Artist at Booking/Job Location, a cancellation Fee of 100% of the total Artist Fee for the booking will be charged. For Trips and Bookings for more than three days, if the booking is cancelled within a period equal to or less than the length of the booking a cancellation Fee of 100% of the total Artist Fee for the booking will be charged.
Television:
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in Australia only. Any time extensions or territories must be negotiated at the time of the booking. No Artist may commence a television booking until the applicable MEAA contract has been completed and signed by The Agency as the Artist’s representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 30 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
Complaints & Billing Discrepancies:
Any cause for complaint should be reported to the Agency during the course of the booking..
Any claim or alteration to the negotiated fee must be notified to the Agency within 7 days of the invoice date. No alterations or amendments to invoiced rates will be accepted more than 7 days after an invoice is issued. Please Note: The Agency act solely for and on behalf of our Artist and whilst making every endeavor to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.
Booking Fee:
The Booking Fee (sometimes referred to as “Agency Service Fee”) is a mandatory charge on all bookings made with The Agency for all Artist and is not a negotiable fee for the purposes of making a booking. The Booking Fee is calculated at 15% (GST exclusive) of the Total Artist Rate for all jobs (including usage fees). When GST is added, at 10%, the Booking Fee percentage, including GST, is 16.5% of the Total Artist Rate/Fees.
Third Parties bookings:
Where a booking is made by a third party to bill to the Client and that person is not legally associated with the Client, then the person/business that made the booking will be held liable for any non-payment of a booking by the Client.
*Reel Management reserves the right to use all images of class students to promote the business including social media